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| image courtesy of infoplease.com - New Jersey map |
Do you have a New Jersey license and
got a DWI charge in New York?
(here's what happens)
(here is an excerpt from our ebook: "Everything You Need to Know about a NEW YORK DWI and Your License" by Attorneys Mike Cyr and Larry Newman)
It is legal to be given administrative penalties in two states. It does not violate
double jeopardy, because you are NOT being tried for the same crime twice.
Remember: a license is a privilege and not a constitutional right.
In almost every New York DWI case where the driver has an out-of-state license,
there will be consequences and hoops to jump through to clear license issues in
both jurisdictions. Our job is to see if we can get some reciprocity, eliminate
redundancy, and ensure that punishments to licensure are minimized. Even
though these people do not have a NYS driver's license, they hold (or held) New
York privileges while driving in NY, and will now face NY DMV sanctions.
It has become usual and customary to be punished administratively in two states.
New Jersey License Holders with a New York DWI:
New York and New Jersey are kindred states in many respects. Those with a
New Jersey driver's license facing a NYS DWI will have to deal with both the NJ
DMV and the NYS DMV.
The reciprocity of suspensions and of programs between the states is important
to know about.
New Jersey DMV: Three Main Things (surcharge, suspension, and
program)
1. NJ will assess a 3 year, $1000/year insurance surcharge on your NYS
DWI, (and NYS DMV will assess an additional $250/yr for three years;
for a grand total of: $3,750 over three years in DMV surcharges alone!)
From NJ website brochure on surcharge:
All Alcohol and drug-related offenses
These surcharges are billed each year for three years:
• In-state operating under the influence of liquor or drugs (DUI)
• Out-of-state DUI (i.e. NYS DWI)
• Refusal to submit to chemical test (i.e. NYS refusal)
The surcharge for operating under the influence or refusal, whether it occurs in
New Jersey or another state, is $1,000 a year for three years for both a first and
a second violation.
2. NJ will also suspend driving privileges depending upon the driver's BAC
level “at time of arrest.”
BAC (blood alcohol concentration) less than 0.10%, = 90 day NJ suspension
BAC (blood alcohol concentration) more than 0.10%, =7 month (210 day) NJ
suspension
NOTE: NJ offers NO conditional (occupational/work) license privileges.
It is a HARD (FULL) loss of license privileges with NO exceptions. You cannot
drive at all during the suspension (in NJ or any state).
3. You will need to do the NJ Drinking Driver Program or the NYS DMV DDP
-Basic NJ first time program is two (6 hour days) in an Intoxicated Driver
Resource Center = 12 hours total
-Compare to NYS DDP is 7 weeks (1.5 hours/night) = 15 hours total
(Most NYS Courts, the DMV, and DDP mandates an alcohol/drug abuse
evaluation/assessment)
From their website:
NJ Intoxicated driver program
Any person convicted of an alcohol related traffic offense must participate in a
program at an Intoxicated Driving Resource Center (IDRC):
New Jersey has an IDRC in each county for first and third-time offenders and
three regional centers for second-time offenders.
During the program, offenders attend mandatory Alcohol and Highway Safety
Education courses. The IDRC also evaluates each offender for an alcohol or
drug problem and determines the need for treatment. If treatment is needed, the
center refers the offender to an appropriate provider for a 16-week minimum
treatment program.
Any DWI offender may supplement the treatment with attendance at a self-help
group. IDRC monitors compliance and reports noncompliance to the courts and
MVC. Satisfactory participation in IDRC is a step toward restoring your license.
Failure to comply will result in further license suspension and possible jail time.
COPYRIGHT CYR & ASSOCIATES 2015
"Everything You Need to Know About a NEW YORK DWI and YOUR LICENSE!" by Attorneys Mike Cyr and Larry Newman
QUESTIONS? Call us: 607-229-5184
Send me an email: mike.ithacadwi@gmail.com
Website: www.ithacadwi.com
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www.twitter.com/ithacadwi or @ithacadwi
BLOG: www.ithacadwi2.blogspot.com
*This post is not intended as legal advice. If you are charged with a DWI or any crime, we strongly urge you to consult with a local, licensed DWI defense attorney immediately.
BY MIKE CYR
Copyright 2015
